Pleading Hurtful Matter Not Necessary
to State Claim Helps Support Frivolity Sanction

Open Citations:

Greenhaus (Issue 73:Page 2): 242
A.D.2d 383.

Fry (73:2): 176 Misc.2d 275, 671
N.Y.S.2d 633.

Pay (70:2): 176 Misc.2d 540, 672
N.Y.S.2d 987.

Palumbo (69:3-4): 175 Misc.2d
156, 668 N.Y.S.2d 433.

ARTICLE HEADLINES

FEATURE ARTICLE:INSURER'S INTERPLEADER OF LIABILITY POLICY
RESULTS IN PRO RATION OF PROCEEDS TO COVER EVEN UNADJUDICATED CLAIMSNEW
LAWS RESPONDING TO DOCUMENT DISCOVERY:Recent Amendment Requires More Orderly Response
to Discovery Demand SETTLEMENT TALKS:Statements Made During Settlement Talks Are
Made Inadmissible at Trial as to Both Liability and Damages

TIME LIMIT ON SUMMARY JUDGMENT:Court Discusses Elements to Be Considered in
Determining Whether to Allow Late Motion for Summary Judgment IMPROPER SERVICE DISMISSAL:Does D Get Extra Time for D's Own Motion to
Dismiss After Mailing Answer with Defense of Improper Service? GENERAL
PRACTICE

UNDERTAKINGS AND BONDS:Party Can't Be Her Own Surety on Appeal from
Judgment, Even by Pledging Her Adequate Realty as Security COURT OF CLAIMS PRACTICE:Late Filing Can Be Extended Up to Six Years
in Court of Claims

TRYING TO "PARK" EXPERTS:Court Discusses How to Determine Whether a
Party Tried to "Park" or "Shelve" Experts

STAY ON APPEAL:Conflict on Whether Appeal from Order Granting
New Trial Against Municipality Stays Further Proceedings BACKLOG
ITEMS

CHARGE TO JURY:Error to Let Jury Take Part of Charge into
Jury RoomSANCTIONS FOR FRIVOLOUS CLAIM:Inclusion of Hurtful Allegations Beyond What's
Needed to Plead Claim Helps Establish Basis for Frivolity Sanction